Ahmed Khalfan Ghailani, a native of Tanzania, was arrested in 2004 The first civilian trial of a former Guantanamo Bay detainee is set to begin in a New York courtroom on Wednesday.
Ahmed Khalfan Ghailani, a Tanzanian, is accused of helping al-Qaeda kill 224 people in the 1998 bombings of US embassies in Tanzania and Kenya.
Mr Ghailani was held in Pakistan in 2004 and taken to Guantanamo in 2006. His lawyers say he was tortured.
The case is seen as a test of the Obama administration’s pledge to close the US military base in Cuba by next January.
Whereas other detainees have been tried by military commissions, Mr Ghailani is the first Guantanamo prisoner to be tried in the civilian courts.
The BBC’s Laura Trevelyan, in New York, says that if this trial is successful, it will make it easier for the Obama administration to try Khalid Sheikh Mohammed, the alleged mastermind behind the 9/11 attacks.
Mr Ghailani, who is believed to be in his mid 30s, is accused of having purchased the vehicle and explosives used in the attack in Tanzania and as having served as an aide to Osama Bin Laden.
“Ghailani is one of the lucky ones who will be given a real trial in front of a real judge,” said George Washington University law professor Jonathan Turley was quoted by the AFP news agency as saying.
He added: “The [Obama] administration seems to be suggesting that they are willing to give this a try and if successful, they might allow it for trial of other people.”
Mr Ghailani was subject to what the government refers to as “enhanced interrogation” at secret prisons run by the CIA before being moved to Guantanamo Bay.
“He’s charged with a crime that occurred 12 years ago. That’s a very long time to go without a trial”
Jonathan Turley, law professor George Washington University
His lawyers say he endured cruel interrogation techniques while in the secret prisons.
Critics of trying terrorism suspects in civilian courts say that government secrets could leak out and that evidence obtained through torture may be inadmissible.
In the Ghailani case there are concerns about the length of time since the alleged offences took place.
“He’s charged with a crime that occurred 12 years ago. That’s a very long time to go without a trial. Witnesses become scarce, evidence become stale and memories fade,” Mr Turley said.
But Judge Lewis Kaplan has rejected complaints from Mr Ghailani’s lawyers, who said their client’s rights were violated by his lengthy incarceration and treatment while in custody.
Mr Ghailani faces life in prison if convicted.
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